The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-09-02
HORRORS OF THE CAMPS.
THE FIGHT TO CANCEL THE LEASES
BEGUN.

Urged as Disqualifying Him from
Acting as Judge in the Matter-It
is Overruled.
ATLANTA Sept. There was a large
assemblage in the Supreme Court room this
morning, attracted there by the Governors
citation to Penitentary Companies . and )
to show cause why their case should not be
declared forfeited The respondents who
appeared were w n. Grant, w. B. Lowe
j. W. English, James N. Smith and j., L.
James. They had as counsel MeSsrs. Hop
kins and Glenn, A. H. Cox, B. H. Hill and
w. NJ Howard Julius Brown APP
peared for tho Dade Coal Company's
interest in camps Nos. and 3.
He stated this interest to be
121S per cent. of No 2 and p per cent. i'll
No. 8. The State was represented by Judge
Hiver and Hoke Smith, who sat with
Principal Keeper Towers, Assistant Keeper
Shubrick and Principal Physician West
moreland. In a corner of the court room.
in custody of Capt. Turner, the penitentiary
guard. were two of the Bingham camp con-
victs in stripes. They We're two of the
worst beaten of the cOnvicts, and it was
proposed to put them in evidence The
Governor and Attorney General sat as the
court, and the proceedings opened at 1920
O'Clock.
THE GOVERNORS ANNOUNCEMENT.
The Governor made the following open
ing announcement: Il wish to state that
the issues to be settled here are of so grave
a character that 1 have thought it proper
TO ask the aid of the Attorney General in
the effort ito reach legal and just concu-
sions. The questions involved are of the
utmost Importance to the State and to the
lessees of the convictS. On the one hand is
the reputation of the State and the charge
that her laws have been violated, and on
the other the large pecuniary interests of
citizens who have contracts with the State
The contracts and the laws under which
they were made and laws subsequently en-
acted, together with all the facts connected
with the conduct of the leSsess under these
contracts, the Executive feels bound by the
most solemn obligations of his Office to in
quire into. The proceedings will all be held
with open doors and given to the public as
fully as may be practicable No rulings
will be made, and especially no conclusions
will be reached and no decisions made ex-
cept such as are concurred in by both the
Executive and the Attorney General"
THE FIRST GUN.
The first fire was made by Judge Hop
kins who raised the point for the defendants
that the Governor was disc Galitied to sit
He said 'Your excellency, this is IA motion
by the State to have your Excellency vacate
the lease of convicts made by penitentiary
companies 2 and 3, composed of certain
persons. The motion is to declare those
leases void and to declare those contracts
at an end. rise now, may it please your
Excellency, to suggest preliminary matter
which we think Is an insuperable barrier
to further proceedings. | suggest that
your excellency is disqualified to preside,
and we know, sir, as well as we know that
we are here, that if by the law of the land
you are disqualified from presiding, there is
no one in existence who would derive more
pleasure from the knowledge of the fact
than your excellency Whilst we would
have unbounded confidence in the business
of your decisions, if it be a legal
right that we suggest, we have
no authority TO waive it, and should not,
but should stand upon it. Whether in the
discussion of this question we shall proceed
now or whether you will allow time for the
examination of authorities, either to-day or
tomorrow, of course you will have to de-
termine We regard it as matter of the
gravest character, one of the largest and
most vital Importance, and will be prepared,
at your bidding, to present it. AT present,
! suppose, ! may not say more"
HEARING THE ARGUMENT.
The Governor said he would hear the
argument on the point.
Mr.. Hopl1inscontinued by saying that ian
act was passed in 1876 by which the Execu-
tive was authorized to lease the convictS,
and in pursuance of that act, on June 81,
1876, the convicts were leased to three com
panies, Georgia Penitentlary Company No.
i, Georgia Penitentiary Company No
2 and Georgia Penitentiary Company
No. 3. BY the act the companies
were made corporations. Company No. 2
<xac .NO1pnco1 Of u L nj u
Lowe. Company No. 3 was composed of
Thomas Alexander, w. D. Grant and John
b. Gordon. The papers in the Executive
Office showed that each of these companies
made bid for the convicts, and the Gov
ernor not being satisfied with ths
bond. they made joint bid
by which they were to take all the convicts,
and divide them as provided in the contract.
He had the contract before him, and it was
signed by Gov. Smith, the Dade Coal Com
pany, B. G. Lockett and l.. A. Jordan, of
company No. ,, and w. B. Lowe, J. B.
Gordon and Thomas Alexander, of company
No g. The bond for company No. 9 was
signed by B. G.. Lockett, W. b. Lowe and
j. B. Gordon. He said that was the only
lease of those convicts ever made by the State,
THE GOVERNORS PERSONAL INTEREST.
"Your excellency has cited Com
pany No 2 to appear before you
which bears your individual name, should
not be declared void. Company No. is in
precisely the same condition. That which
will allow one to stand allows the others to
stBnd. They are companions; came into
existence at the same time, they
are now summoned to answer why
they should not both cease to exist by one
self-same act" He supposed Gov Gordon's
interest in the contract had ceased so far as
the law would authorize "But the pro-
ceedings which bring us here,n said Judge
Hopkins, ''are leveed at the company which
you organized, that existed by your own
act, and the contract that you
are called upon to cancel, is one that bears
your own name" He said it was princi-
pile of law recognized by his exceency
that no man can be judge in his own case
Judge Hopkins read section POS of the Code
which says that no judicial officer shall sit
in case where he is interested He also
quoted the case of Millner g. Co against
the Georgia Railroad Company, in the
Fourth Georgia Report, page 1856, in which
civil engineer was to be final arbiter in
certain cases, and when he became disquali-
fed by reason Of interest the court set aside
his decision.
A MACON CASE.
He also quoted the case of the city of
Macon against Huff, in Sixtieth Georgia
Mr. Huff had heen MavOr aud xvaq caTiad